Term Limits

Started by BillH • 41 replies • 2461 views

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BillH (Florida)
Posts: 2

Posted:

In Florida our HOA Directors currently serve for a one term limit...NOW we are having a Special Election to increase the Term Limits of Directors to a three year Term instead on the current one year term...

Request your input and Comments on this Increase in Term Limits..

Thanks for your comments.

CarolF (Florida)
Posts: 435

Posted:

Will you find it difficult to get people who are willing to serve for 3 years? That's a long time! I'm in FL also, and our HOA has 2 year terms. There are 5 directors, with 2 elected one year, and 3 the next. That way there is some continuity. I assume you are aware of the difference in FL Condo law (718) and HOA law (720).

NancyD1 (Florida)
Posts: 447

Posted:

Three years is a long time. You don't want burnout on your BOD. We have one (4 years) and he takes no position on anything. He dosen't want to know what is going on in the community. I think he shows up at board meetings only because he feels an obligation. We have spoken of his resigning, but he wants to wait until December so someone can be elected. It is the best way. If we have to appoint someone they will only be on the BOD for another 3 months until elections.

DonnaS (Tennessee)
Posts: 5,671

Posted:

We too have a 5 member B.O.D. with each being elected for a 2 year term. In the beginning, we elected them all, with the 3 highest vote getters to serve a 2 year term and the 2 lowest vote betters, serving just one year. Now we have an election every year, , which gives us always alternating 2 or 3 members remaining on the Board for 2 years. Having total new boards each year is difficult at best to have a smooth turnover for them and this works awesome.

KevinK1 (< Not Specified >)
Posts: 34

Posted:

I am guessing you mean one year terms and one year term limits changing to 3 year terms and still maintaining one term limits?
I would go along with getting rid of a one term limit. If you have a great person on the board, then you don't want to lose them the second year. But, I wouldn't go with longer terms. Then you may be stuck with a problem for three years instead of one.
If the person is doing a good job, they can be elected the next year. If they aren't performing, then you have an opportunity to vote them out in a year.
Also, if you are constantly churning through board members, you always have inexperienced boards. I like the idea of having staggered terms so someone provides continuity from year to year.
Out HOA is small. About 1/3 of the residents have served on the board over the years. If we had term limits, we probably would not have anyone willing and allowed to volunteer.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kevin,
If you elect a BOD member for 1 year and he does his job and understands the CC&R's, he/she may be ready to add to the vitality of the Regime. I say two years minimum, better three, with some kind of selection for 1 member to be in line each year to be president.

It's a lot of work but maybe there is a better way. I know that our BOD has the power to appoint officers to the Board from the owners. Good management could isolate current and future projects and assign these officers to do the preparatory work and make a proposal to the board. Example, researching and defining your documents and what legislative changes should be made to really have the state support the owners interest. Set a current and correct policy on TV antennas, pool regulations, signage, security, parking, re-write your documents, authority of the board, rental issue, dogs, etc. I know, I know, you have those rules now. But when were they looked at it any way other than to stop the bleeding from some crises. We have 65 units, we have all kinds of talent and expertise that you only hear from when something is wrong. We have at least one architech that should have been consulted when we did some renovations. The BOd seem to he hesitant to find out what talent they have in the complex. These officers would not be making policy, but suggesting better ways to run a railroad. Why should some capable owner have to unknown by the Board. Find out about your owners.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Bill,
Why a special meeting, do it the time of the annual meeting. I assume you meant; You were having a special meeting, not," election." Elections will not change Bopard terms, amendants are need with a (whatever) % quorum.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By DonnaS on 09/22/2007 1:12 PM

We too have a 5 member B.O.D. with each being elected for a 2 year term. In the beginning, we elected them all, with the 3 highest vote getters to serve a 2 year term and the 2 lowest vote betters, serving just one year. Now we have an election every year, , which gives us always alternating 2 or 3 members remaining on the Board for 2 years. Having total new boards each year is difficult at best to have a smooth turnover for them and this works awesome.

That's how our association works. There are no term limits.

I found that it can take quite a while to get up to speed on a board, to learn the CC&Rs, the history, the contractors, etc. A board whose members changed every year would get nothing done and could easily flip flop back and forth on policy. Also, city officials and other associations would find it difficult to contact or work with the association if board members change often.

It can be difficult to get qualified, dedicated people to serve as association officers. If the membership is willing to re-elect the same peope over and over, they must be doing a good job. Your employer doesn't fire his employees every year or two.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

RonaldW,
I don't doubt any ypu say for your organization, but for mine we have 5 members and in the 17 years I have lived here I bet not one knows where the county zoning office is, have never been to a County Council Meeting, would not know where the city Court house is or where the Coastal Council Offices are, and our condo is ocean front.

Also, have trouble believing if the Board is elected year after year, they are doing a good job. If this logic holds our president must be doing a fantastic job because he has been presiden (elected by the Board) for the past 6 or seven years.

To be fair all for years have been absentee owners.

RonaldW (South Carolina)
Posts: 901

Posted:

Assuming your by-laws are similar to ours, the membership elects the board members to the board only and the board elects the president, VP, etc. among themselves. In doing this, they consider each officer's talents and abilities and willingness to do the work.

Other than that, HOA elections are not unlike local or national elections. There is sometimes some "funny business", but in general, those who satisfy the people get re-elected and those who don't get replaced. Also, like local or national elections, there will be people who are not happy with the "majority rule".

Ron
SC

DonnaS (Tennessee)
Posts: 5,671

Posted:

All H.O.A's in Florida that are "Not For Profit" are registered under Florida Statutes 618 These are where your Articles of Incorporation come from. Those Articles spell out when you must have elections of your Board. Do check your Articles. Directions for how to run the election are under statutes 720.

SC (Georgia)
Posts: 38

Posted:

We have 5 Board members elected for 3 years. 2 elected 1 year, 2 the next, 1 the next. As well, if one resigns, the Board appoints his successor to fill the rest of the 3 year term, not until the next election. In any one year, 20-40% of our Board was appointed by other Board members, not elected.

My recommendation would be to elect 5 members for 2 years. 3 elected 1 year, 2 elected the next. Stipulate that you can't be elected for 2 consecutive terms.
This way EVERYONE has to rotate off for one year out of every three years.

In our, our most over-controlling Board member will be on the Board for a total of 5 years straight when he finally rotates off. Ouch. He can do this because the bylaws only state you can't be elected to two consecutive terms. (Implies that you can be appointed to fill an open vacancy and run for another 3 year term.) Even worse, until this year, we did not have open elections...he was only elected because the previous Board refused to allow anyone to be put on the ballot against him.

Good luck!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Donna Here---Fl. not for profit is 617-- I had a typo above

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By SC on 09/23/2007 10:16 AM
We have 5 Board members elected for 3 years. 2 elected 1 year, 2 the next, 1 the next. As well, if one resigns, the Board appoints his successor to fill the rest of the 3 year term, not until the next election. In any one year, 20-40% of our Board was appointed by other Board members, not elected.

My recommendation would be to elect 5 members for 2 years. 3 elected 1 year, 2 elected the next. Stipulate that you can't be elected for 2 consecutive terms.
This way EVERYONE has to rotate off for one year out of every three years.

In our, our most over-controlling Board member will be on the Board for a total of 5 years straight when he finally rotates off. Ouch. He can do this because the bylaws only state you can't be elected to two consecutive terms. (Implies that you can be appointed to fill an open vacancy and run for another 3 year term.) Even worse, until this year, we did not have open elections...he was only elected because the previous Board refused to allow anyone to be put on the ballot against him.

Good luck!

Well, a recommendation in most cases is useless. All this is already contained in the by-laws. Any change would have to be voted on as specified in the by-laws and other controlling documents. Any term limits would also be in the by-laws.

Again, if you have good people, willing to serve, and the membership re-elects them, why would you want to prevent them from serving? What would be gained?

The part about not having open elections puzzles me. What do your by-laws say about this? It shouldn't be possible to have closed elections.

Ron
SC

LindaC3 (Florida)
Posts: 526

Posted:

Had to do a search for this topic........ At our By Laws meeting on Saturday we were told by the CHAIR that Fla ss 720 does not allow for term limits....I have read and reread 720 and do not find any such statement...... So my question of the day is Are term limits in a Fla HOA allowed ???? I say YES and that we can place this in our By Laws..... We have had it seems for an enternity the same people running each year.... and before you suggest member apathy .....they just figure if those same people run and they have the majority of the proxies,they dont stand a snow balls chance.......We would love to change this....We are hoping with term limits these people in their time away from the BOD would realize there is more to life than being on the BOD.....Thanks for all help..LindaC

MikeS1
Posts: 668

Posted:

It's hard to even learn the job inside of a year. IMO - having any kind of term limit is not desirable. It's so difficult to get people to do this job and it's not at all easy. If you do have a lot of turnover, you can bank on the fact that some important historical knowledge is lost everytime that someone leaves office and some important process is missed. Opps.

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, sorry I am not familiar with FL 720. If it is silent you can establish term limits in your By-laws. I prefer a 3 year term.

LindaC3 (Florida)
Posts: 526

Posted:

RogerB..........THANK YOU--- That is exactly what I said at the meeting....If the Statute is "silent" on an issue then there is nothing preventing you from establishing limits.. Now if we can only convince our bylaw Chair that we can do this....As of yesterday she is adament that NO .....So the one member has requested that this particular issue be given to the HOA Attorney for his opinion....she once again says NO...Now he is on a campaign.... I tried explaining that we as the by law commitee are lay people with no legal expertise and that the attorney SHOULD review for legal puposes thus preventing any challenges that may arise........LindaC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

LindaC3,
I suspect it might be a good idea to find out why this by-law Chair is against considering term limits. She still is just a member of the Committee and does not (IMHO) have any right to not consider the other members. I imagine if you get enough folks giving her a ring a ding, she will come around, in fact, she should know she is there to serve the members. I don't know what there is about some folks that think they have greater powers than they have. The people can turn the tide here and there is nothing she can do about it. Make a motion at a meeting that term limits be discussed with an attorney. The committee serves at the boards pleasure and any dictating to be done is from the Board to the Committee. Her stand counts for one vote on the committee, no votes on the Board and is bound to consider and act on any requests from the members. Join the champaign, that's the way to get results. If she is a member of the Board, she should not chair the Committee, she should or could be an advisor but as a Board member has no vote on the Committee.

LindaC3 (Florida)
Posts: 526

Posted:

RobertR1.........thanks for the reply.....Cant quite figure this lady out.......She is not a BOD member....She thinks her word is the final word plain and simple.....She relies on things she reads in the paper from some attorney and we all told her that THAT ATTORNEY IS NOT OUR ATTORNEY.....So like I said, the other by law member has posted he will ask the BOD on Sunday to ask our Hoa Attorney for legal opinions on all these issues.......And you will love this...one of our BOD members posted to our internal blog/email group that """ our board is weak enough with out term limits """"' what a nice thing to say..this guy has been on the BOD for 25 years............. just cant seem to get rid of him......they garner most of the proxies form the out of towners and take over the BOD every year................ I posted back that as member here I would like and explanation of his comment...I am sure there is more to come......LindaC

NancyD1 (Florida)
Posts: 447

Posted:

Linda when 720 is silent you can do what you want in your own By-Laws. We have 2 ear term limits, this is in our By-Laws. If anyone is unsure about 720 or their own doc's, always call the attorney for a clarrification. The confusion moves forward if it is not stopped, and you know it will come up again.

LindaC3 (Florida)
Posts: 526

Posted:

NancyD1..thanks bunches...... we aslo would like to have where they take a mandatory year off to give other folks an oppurtunity to run......Would be allowed to place this stipulation in our by laws also ? thansk again LindaC

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By LindaC3 on 10/17/2007 10:29 AM
NancyD1..thanks bunches...... we aslo would like to have where they take a mandatory year off to give other folks an oppurtunity to run......Would be allowed to place this stipulation in our by laws also ? thansk again LindaC

Doesn't everybody have the "oportunity to run" at every election?

The intent should be to have the best people serving who are willing to serve. Remember, this is all volunteer work. No pay, no benefits. It takes quite a while to figure out what you are doing as an officer so the first few months are full of mistakes. "Continuity" is also quite valuable. If the members are dissatisfied with the officers, the ballot box will take care of it much better than term limits.

Ron
SC

LindaC3 (Florida)
Posts: 526

Posted:

Ronaldw...........I totally agree with you that everyone should have the oppurtunity to run.....however in our HOA the majority of the BOD we have in place has been in " power " for over 15 years....For the most part the newer people moving here feel it is a lost cause to run against these people and thus we all suffer the consequences.....Had ONE PERSON not over slept and missed the beginning of the meeting we would have had a different outcome......I am sure he has lost those proxies as a result of his actions......

And on that same note......everyone should have the oppurtunity to run.....maybe this has been talked about BUT...... would you be allowed to place a statement in your By Laws preventing more than one deeded owner from seeking a seat on the BOD......... Any replies appreciated as always LindaC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

LindaC,
One vote, one unit, each voter on record at association office, POA allowed but no board position.. If two in family, one on board and/or one on committee or a board appointed officer but no vote and no seat at table, just give board advice on specific matter. All are in effect co-owners, and all equal members of society, just hold elected or Board appointed office..........

LindaC3 (Florida)
Posts: 526

Posted:

RobertR1.....thank you.....now would that be wording we could insert into our Bylaws ??? Just a thought....thanks again LindaC

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By LindaC3 on 10/17/2007 12:46 PM
...... would you be allowed to place a statement in your By Laws preventing more than one deeded owner from seeking a seat on the BOD.........

How would it be decided which "deeded owner" would be allowed to run? The husband? The wife? And what if the home was owned by someone other than a traditional couple? Not every situation is that simple. We have a few couples who own more than one lot. Could the husband run from one lot and the wife run from the other lot? How about children of owners - if the parents own one lot and their child owns another would one parent and the child be allowed to run? Up until a year ago, one of our homes was owned by an LLC. How would that be determined?

In our association, board members need not be owners.

In the end, it's to everyone's advantage to have the best qualified, most dedicated people on the BOD regardless of their personal, marital, or other circumstances.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

LindaC3,
My statement would not violate any of the CC&r's to my condo. Would the Board actually insert this into the By-laws? In my dreams! Bo, it was just what came to mind because after all is said and done, in our documents, that is what they are saying. Always IMHO.

To Ron,
I can see some of the problems with an HOA, but who votes isn't one of them. The person and only person that votes is the member (co-owner if you will) that was selected by whoever has an interest in the property. We have six families that own one unit, they have one vote (Apportioned as provided in our documents.) That name can be changed and submitted to Regime and the other name is removed. I do believe what I posted has merit and could apply to many associations. We had one lady at one time that owned three units. She had 3 apportioned votes. Never rented one of the units, and only let friends use the others. Bought strickly for investment, paid her bills promptly, and rarely visited. Finally sold them all at a loss and withing five years units were selling for double what she paid.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By RobertR1 on 10/17/2007 3:33 PM
To Ron,
I can see some of the problems with an HOA, but who votes isn't one of them. The person and only person that votes is the member (co-owner if you will) that was selected by whoever has an interest in the property. We have six families that own one unit, they have one vote (Apportioned as provided in our documents.) That name can be changed and submitted to Regime and the other name is removed. I do believe what I posted has merit and could apply to many associations. We had one lady at one time that owned three units. She had 3 apportioned votes. Never rented one of the units, and only let friends use the others. Bought strickly for investment, paid her bills promptly, and rarely visited. Finally sold them all at a loss and withing five years units were selling for double what she paid.

I think the question was on being allowed to run or being elected to the board of directors.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ron,
I guess I would have to answer that by saying any co-owner designated by the unit owners that holds the vote. I can't see how a person that does not hold a vote can serve on the Board. You are, in effect, saying that even though a director does not hold a vote, he can tell those that do what to do and how to spend their money. Even a Management company has to spend money under the Board and they are employees. Giving the manager the power to sign checks is bad enough, and he is not a member.

There can only be a limited number of votes, but there can be a unlimited number of members. We have units owned by corporations, LLC, multiple owners (families) and all are welcome to the meetings and can serve on committees, but who votes is their decision. So far, no one has brought up anything about who, or why or what sex or is their best friend. I sometimes think that our rental conditions citing only rental to a single family makes me suspecious that 15 members of a family are the norm.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Linda,
Just a remark about the man that had been on Board for twenty five years. You probably know this but it is worth repeating; "Who gets the blame for him being a board member for twenty five years."

Strom Thurman was a great Senator for years and years but he was not a Great Sentor when he left office.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By RobertR1 on 10/17/2007 4:30 PM
.......... You are, in effect, saying that even though a director does not hold a vote, he can tell those that do what to do and how to spend their money.

If the by-laws state that a board member does not have to be a member of the association or if the by-laws do not state that a board member must be a member of the associationn, then yes, that elected board member has a vote in the expenditure of association funds. You do not have to agree, but it's fact.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ron,
We are getting closer and closer and I have no reason to doubt what you say is a fact if that is what goes on, I am just trying to determine a chain of logic. I would not approve but I can see logic that the By-laws state that a member of the board does not have to be a member of the association, but I have my doubts about it working in a condo. If a non=association person can vote on the Board matters he can not vote on the association matters (1 unit 1 vote) proceedings. The members and co=owner can only vote a total of 100% using apportionment. Therefore the vote of a non-member can not be counted.
The logic of declaring if the by- laws or CC&r's does not state that all board members must be owners (co=owners), the automatic assumption is that the Board member does not have to be an owner seems biased, why not conclude, therefore the Board member has to be a member. The rule that allows for action to be taken if it is not specified in the documents, IMHO, does not seem to apply here. If the documents did not state that the Board member must live in this country, does the logic follow that the Board can be made up or have Eskimos on the Board. I believe your position that the best qualified people should be on the board has merit, but I can't get my mind around who makes this decision. If there is such a procedure or person granted these special powers, they could sure use them in our general elections. They can't even agree among families who is the best qualified.
You have a great mind and a lot of hard disc storage containing information about HOA and are far knowledgeable than I, and if we have differences it sure doesn't deminish my respect for your postings.

LindaC3 (Florida)
Posts: 526

Posted:

Okay all..... we a BOD meeting and the amendments to the by laws were discussed and you are going to love this....Our BOD says that they will only present to the HOA Attorney those by law amendments that the commitee recomended to be added to the revised by laws.... The one member of the commitee who proposed the term limits was not allowed to present his idea to be given to the hoa attorney for his review...He was told he could type something up and bring it the annual members meeting...... My question for Florida folks...Are we not required to give a 14 or 30 day to all members if they are going to be voting for something at the annual meeting in January ?? and how do we get the board to accept this propopsal and review for legal wording so it can be voted on by the members ?? it has been a WITS END sunday meeting here............Thanks in advance LindaC3

LindaC3 (Florida)
Posts: 526

Posted:

Question for Florida Folks.............. When a Member has a valid suggestion for an amendment to the By Laws and the By law commitee chair does not think it has merit....Is that Member allowed to present that suggestion to the membership as a whole at the annual meeting and let the members decide ? There is not any written procedure in any of our documents that spells out how any of this is to be achieved.....
At yesterdays BOD meeting it was decided that they ( BOD ) would send what amendments had been agreed on to the Assoc.attorney for legal wording review then the BOD would approve the amendments to be sent to the members prior to the annual meeting.....

I am assuming that what ever this member has suggested would need BOD approval BEFORE it goes to membership >>> Not saying that I agree with that , as I feel it should be left up to the membership to decide as long as the amendment does not violate any laws of the state of florida..... A few of feel it is VERY important that these amendments make it into the by laws this time around....We are thinking out of the box and into the future and not focusing on what has or hasnt worked for our association in the past...any inout greatly appreciated...Thanks in advance LindaC3

RobertR1 (South Carolina)
Posts: 5,164

Posted:

LindaC3,
At the risk of being out of line, maybe you are pushing the Board too much. They could be wrong as spoiled milk, but don't bring up a bunch of things you don't agree with all at once.

For this particular problem, you can petetion the membership for a opinion and try and use that to forcee the Board to put it on the agenda for the annual meeting, and once it is brought before the membership as an agenda item, you can have a discussion. You can at the annual meeting during the open session before the meeting is closed, make a motion to discuss your proposed amendments. Make sure you have a ready person to second your motion, this will again force a discussion. If this is a case of some board steamrolling over everyone and never really open up a Annual Meeting, you can try the above tactics to get them to respond to your questions.
It does sound as if you can not sway the Admenment committee and you can't sway the board at a regular meeting, maybe you should re-examine how you want to get this resolved. If they are convinced you are a trouble maker, and this is no suggestion you are, then the best step would be to step back and work on getting a solid power base large enough to force a board recall. The procedures are simply part of Roberts Rules and most folks will abide to this type reasoning.

Also Linda, when you petition the Board to consider change, you are seeking their validation. You make the suggestion, they assign validation.
Absolutely, they may be wrong, but the problem is at this point how to change the boards collective minds, and the admendment issue takes second place.

LindaC3 (Florida)
Posts: 526

Posted:

RobertR1...Thank you for your reply.....These amendment suggestions are not mine...They are 2 other members here in our HOA....We have a BOD for the most part that does not like to think out of the box.... Our documents do state that any amendments need to be sent to the members 30 days in advance of the annual meeting..So we would not be allowed to present at the meeting and have a vote because the members were not noticed in advance... I was thinking that my neighbors could type of the wording of their proposed amendment place it on the agenda for Nov meeting - have discussion at that BOD meeting and then send to members with their packet for the annual meeting...ballots need to be typed up for the voting in January....

I was hoping someone in florida could comment on maybe how their association addresses these things in their association..But i really do understand your comments...

it seems every october as we approach the time of year when folks are seeking a seat interesting things pop up here..LOL ...The Bod here for the most part knows i am not a trouble maker but someone who likes to challenge them when they come up with stupid , close to illegal things.....Like criminal background checks and credit checks before you can buy in here-- we are working on showing them they cant do that..another post here.....I do alot of volunteer work here and they do appreciate that.....

I am just not one of those people who think because the BOD says it -- it must be true...I research to make sure it's correct and valid...... Bring it to their attention and then like majic at the next meeting one of the BOD will state that they stand corrected because of Linda's comment at the last meeting...so at least SOMETIMES someone is listening......

And with the help of all those that participate on HOA TALK my life has been made easier...thanks to all who help.....LindaC3

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Linda,
I understood you have already tried to get the amendments considered by the Board and they turned you down. Why do you think they would change their minds. If you could get a whole bunch of people to sign a petition to place the amendments on the agenda, you might stand a chance but I doubt it because the Board is going to want the lawyers input. If you feel not having these admendments would cause harm to the association, you may propose that emergency action be taken.
Kinda looks like like now is the time to get your ducks in a line and try to get a discussion of your proposed amendments on the egenda for the Annual meeting. At least you may be able to get it up for discussion and impress the Board by the interest showed.

JeanS1 (California)
Posts: 23

Posted:

I agree with you.

We have a small (36 unit) building. The board members seem to serve year after year. No one else wants the job.

Too much work for such little pay. LOL

Jean S.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

JeanS1,
Not being critical of your your reply and the humorus remark.

I will say the pay for these jobs sucks, on the other hand, the rewards are great, if you can help turn an association from being a non-productive breeder of trouble to a comfortable responsive neighborhood. The folks deserve a ton of credit for showing the unselfish interest and dedication it take's to get this job done, and create something splendid from something that has sunk to the pits. That goes for owners, BOD, Managers, Community managers and even good lawyers that can understand these associations need all the good help they can get. It is unfortunate that I have reservations about the committment of our legislatures.

RodneyJ1 (Indiana)
Posts: 2

Posted:

I am the tearsurer of the Heritahe HOA . WE are just now going through the turn over prosess from builder to HOA in a meeting with a lawyer we where told that the board has the power to change the by-laws. Its something you might look into.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Rodney D,
Maybe, but only if there is a procedure in you documents that clearly defines the procedure that has to be followed and I'm betting when you find it you will see that a special meeting has to be called for this purpose and a vote of the membership taken. If not there you should immediately change your documents to reflect that changes have to be made by a vote of the membership, If it is there it was inserted by the developer to allow him lattitude to finagle more advantages, and in fact you may want to insure that when the HOA is tken over by the owners, that the developer is completely out of the picture, and owns no propert nor has a board or anyother kind of office in the association. If he wants to own a lot or three, no problem there but he is just like all members.

I am not saying go to war, I am saying watch what is happemomg/

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